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Home My WebLink About08-3736PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 ? SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 180797 CITIMORTGAGE, INC. 5280 CORPORATE DRIVE MS 1011 FREDERICK, MD 21703 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. b8 - 35 15(, -vi l erM CUMBERLAND COUNTY GARY W. SPIEWAK, JR TONI B. SPIEWAK 26 EAST KELLER STREET MECHANICSBURG, PA 17055 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 180797 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 180797 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 180797 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 180797 1. Plaintiff is CITIMORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: GARY W. SPIEWAK, JR TONI B. SPIEWAK 26 EAST KELLER STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/26/1992 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to UNITED SAVINGS ASSOCIATION OF TEXAS, FEDERAL SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1075, Page 371. By Assignment of Mortgage recorded 04/14/1993 the mortgage was assigned to LOMAS MORTGAGE PARTNERSHIP, LP, BY LOMAS MORTGAGE SERVICES INC. which Assignment is recorded in Assignment of Mortgage Book No. 441, Page 804. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 180797 5. 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $57,141.09 Interest $1,850.09 02/01/2008 through 06/19/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $232.59 06/26/1992 to 06/19/2008 Cost of Suit and Title Search 550.00 Subtotal $61,023.77 Escrow Credit $0.00 Deficit $860.32 Subtotal 860.32 TOTAL $61,884.09 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 180797 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $61,884.09, together with interest from 06/19/2008 at the rate of $13.31 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By. `l I /'-) 'x? LAWRENCE T. HE A ESQUIRE FRANCIS S. HALL , ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE ,/ SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 180797 LEGAL DESCRIPTION ALL THE CERTAIN lot or parcel of land situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by G. J. Betz, R.S., dated October 7, 1970, as follows: BEGINNING at a point on the southern line of East Keller Street, one hundred thirty-two (132) feet West of the southwest corner of South Arch Street and East Keller Street; thence along land of Galen R. Byers, South 22 degrees 10 minutes West, one hundred forty (140) feet to the northern line of a 20 foot wide alley; thence along said alley, North 67 degrees 20 minutes West, thirty-five (35) feet to a point; thence along land of Arthur Kintz, North 22 degrees 10 minutes East, one hundred forty (140) feet to the southern line of East Keller Street; thence along East Keller Street, South (Erroneously set forth in prior deed legal description as North 67 degrees 20 minutes East) 67 degrees 20 minutes East, thirty-five (35) feet to the place of BEGINNING. HAVING THEREON ERECTED a 2 1/2 story frame dwelling and a 1 story frame garage, known as No. 26 East Keller Street. BEING THE SAME PREMISES which Annie V. Mincemoyer, widow, of Mechanicsburg, Pennsylvania, by Deed dated November 17, 1970 and recorded November 17, 1970 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book W. Volume 23, Page 449, granted and conveyed unto William L. Albert and Barbara A. Albert, husband and wife. PARCEL # 17-24-0787-052 PROPERTY BEING - 26 EAST KELLER STREET File #: 180797 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. 111aftw-_ i Attorney or laintif DATE: 1-'0 ?? 404 S L D W 9? b ?w ._c .R r, ^C O SHERIFF'S RETURN - REGULAR CASE NO: 2008-03736 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS SPIEWAK GARY W JR ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SPIEWAK GARY W JR the DEFENDANT , at 1356:00 HOURS, on the 26th day of June 2008 at 26 EAST KELLER STREET MECHANICSBURG, PA 17055 by handing to TONI B SPIEWAK, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge ry/p ;z-/b 7 C-. 18.00 10.00 .00 10.00 .00 38.00 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 06/27/2008 PHELAN HALLINAN SCHMIEG By: Deputy S iff A. D. ,r' • % •- SHERIFF'S RETURN - REGULAR CASE NO: 2008-03736 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS SPIEWAK GARY W JR ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SPIEWAK TONI B the DEFENDANT at 1356:00 HOURS, on the 26th day of June 2008 at 26 EAST KELLER STREET MECHANICSBURG, PA 17055 by handing to TONI B SPIEWAK a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 7lv/b 16.0 0 Sworn and Subscibed to before me this day So Answers fTT ?. R. Thomas Kline 06/27/2008 PHELAN HALLINAN SCHMIEG By. Deputy S iff of A. D. .1 - % PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Citimortgage, Inc. Plaintiff' vs. Gary W. Spiewak, Jr. Toni B. Spiewak Defendant(s) TO THE PROTHONOTARY: PRAECIPE ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division Cumberland County No. 08-3736 CIVIL TERM X Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: 1 o J; Francis S. Hal inan, Esquire Attorney for Plaintiff PHS# 180797 n ? c . ?:?? <' . w -rr ?,?.? ? ,?: ? ` vfS N °?_ ?: _ ..... r ?(_ . ? i"E ? - »